§ 1748.30

348 words·~2 min read·/ca/civil-code/1748-30

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of this title, the following definitions shall apply:

(a)“Accepted debit card” means any debit card which the debit cardholder has requested and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services. Any debit card issued in renewal of, or in substitution for, an accepted debit card becomes an accepted debit card when received by the debit cardholder, whether the debit card is issued by the same or by a successor card issuer.

(b)“Account” means a demand deposit (checking), savings, or other consumer asset account, other than an occasional or incidental credit balance in a credit plan, established primarily for personal, family, or household purposes.

(c)“Adequate notice” has the same meaning as found in subdivision

(k)of Section 1747.02.

(d)“Debit card” means an accepted debit card or other means of access to a debit cardholder’s account that may be used to initiate electronic funds transfers and may be used without unique identifying information such as a personal identification number to initiate access to the debit cardholder’s account.

(e)“Debit card issuer” means any person who issues a debit card or the agent of that person for that purpose.

(f)“Debit cardholder” means a natural person to whom a debit card is issued.

(g)“Unauthorized use” means the use of a debit card by a person, other than the debit cardholder, to initiate an electronic fund transfer from the debit cardholder’s account without actual authority to initiate the transfer and from which the debit cardholder receives no benefit. The term does not include an electronic fund transfer initiated in any of the following manners:

(1)By a person who was furnished the debit card to the debit cardholder’s account by the debit cardholder, unless the debit cardholder has notified the debit card issuer that transfers by that person are no longer authorized.

(2)With fraudulent intent by the debit cardholder or any person acting in concert with the debit cardholder.

(3)By the debit card issuer or its employee.